The Federal Judiciary

The Federal Judiciary - The Federal Judiciary Tuesday,...

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The Federal Judiciary Tuesday, March 01, 2011 11:00 AM Article III o Short and vague o Creates "one supreme court" o Leaves the establishment of inferior courts to the U.S Congress Lacks enforcement capacity o Federalist 78 - Hamilton - don't fear the courts, they aren't going to be that powerful o No purse (Congress), no sword (Executive) Court is seen as non-political o Selection (appointed by the President, advice and consent of the senate, then confirmed by the Senate) and tenure (serve for life so that no one can influence them, times of good behavior) o But we can debate this Powers of the Court Article III Judiciary Act of 1801 o Switch in presidential power because Jefferson was elected, Adams out of office, Federalists were fearing Democratic-Republic surge. Adams got Congress to pass this, establish lower courts and switch from 6 to 5 judges, filled lower courts with federalists o Key Features: Changes the jurisdiction of the Supreme Court and created more lower courts Judicial Review o Was not used to strike down a law prior to Marbury o Where the SC is able to look at a law or act by the president and declare it unconstitutional o Definition: Authority to declare laws or actions of government officials unconstitutional o Not explicitly mentioned in the Constitution
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The Federal Judiciary - The Federal Judiciary Tuesday,...

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